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<br />Ou28~6 <br /> <br />right with protective provisions for water users. Perhaps <br />wilderness designation could be treated like a wild and scenic <br />river designation in this respect. <br /> <br />The wilderness bill which is before you today, H.R. 34, <br />should not be passed in its present form because it does not <br />address whether a federal reserved water right is or is not <br />created by wilderness designation. One District Court has said <br />that implied reserved water rights exist as a result of <br />wilderness designation, but the case is on appeal. The poudre <br />bill was helped by delay, as it turned out. Perhaps delay is <br />preferable here, so that the Courts can finally determine whether <br />or not the 1964 Wilderness Act gives rise to implied federal <br />reserved water rights when wilderness areas are designated. <br /> <br />There is another alternative. Our water district has <br />had considerable experience with the State of Colorado's in stream <br />flow program. When we built the Windy Gap Project near the <br />confluence of the Colorado and Fraser Rivers, we subordinated the <br />Project's water rights to a new instream flow filing by the <br />Colorado Water Conservation Board. In cooperation with the <br />colorado Division of wildlife and environmental groups, we did <br />scientific work to define what quantity of minimum instream flow <br />was necessary to preserve the Gold Medal Fishery in 24 miles of <br />the Colorado River. The State then appropriated this amount of <br />water and obtained a water right in the name of the people of the <br />State of colorado. Our District is pledged to support the <br />continued administration and enforcement of that instream flow <br />water right. We have installed gauging stations filled with <br />electronic telecommunication links which shut down the pumps at <br />the Windy Gap Project when streamflow falls to the level <br />appropriated through Colorado's instream flow law. <br /> <br />T~e State's instream flow program can be used <br />effectively to preserve the environment, but some persons <br />apparently don't trust the State to appropriate water for <br /> <br />-2- <br />